Privacy, Antitrust, Outside Counsel: March 6, 2023

State attorneys general often bring investigations or lawsuits these days based on privacy or antitrust concerns. In the privacy sphere, the frequent absence of national, congressionally-enacted, standards have led states, either acting alone or with other states, to fill that vacuum by initiating state actions. In the antitrust sphere, states have had antitrust authority longer than the federal government, and frequently bring antitrust cases in circumstances in which the federal authorities (USDOJ or FTC) have chosen not to act. States also bring such actions in cooperation with the federal government.

In numerous areas, attorneys general hire outside counsel, and such hires are often uncontroversial because they bring in an expertise lacking in the AG’s office, involve one-off cases, concern matters located far from the AG’s office, or do not raise recurring public policy issues, such as collection actions. Outside counsel are controversial when the outside counsel are handling hot button issues, involve contingency  counsel bringing cases on behalf of the state, or suggest a “pay-to-play” relationship.

This week we are joined by Nicholas Smyth ’09, who is a Senior Deputy AG for PA in the consumer division. He has hosted a number of HLS students who have taken this class, he has prior experience in private practice and the CFPB, and he teaches a similar class at the University of Pittsburgh Law School. He will join us for 20 minutes on zoom for students’ questions.